Chicago Injury Law Blog

Illinois Supreme Court Rules Medical Malpractice Damage Caps are Unconstitutional

meghan@pintas.com (William G. Pintas) — Thu, 04 Feb 2010 12:23:48 -0600

Today the Illinois Supreme Court ruled that limits on damages in medical malpractice cases are unconstitutional, as such caps violate the principle of separation of powers. The limits that were adopted by the Illinois General Assembly in 2005 infringe upon the power of the judicial branch. The 2005 law limited victims of medical malpractice to collecting up to $500,000 against doctors and $1 million against hospitals for pain and suffering. The ruling is a great victory for citizens and patients in Illinois.

The Court’s decision was based on the Cook County case, Lebron v Gottlieb Memorial Hospital. The case involved a three-year-old girl named Abigaile Lebron who suffered severe brain damage as a result of medical negligence.

In 2007, a Cook County judge ruled in Lebron v Gottlieb that limits on damages interferes with a jury’s power to award adequate damages for medical errors. This ruling brought the case to the Illinois Supreme Court. This is the second time in 13 years that the Supreme Court has struck down state laws capping damages awards. Click here to read the Lebron v Gottlieb opinion.

Toyota Recalls Millions of Vehicles due to Deadly Defect

meghan@pintas.com (William G. Pintas) — Wed, 03 Feb 2010 10:46:24 -0600

On August 28, 2009, a 911 call in San Diego finally forced Toyota to step up their inquiries into defects in thousands of recently manufactured cars. The call came from a driver of a Lexus sedan, manufactured by Toyota, who complained that the vehicle accelerated without prompting and was about to crash. Allfour people in the vehicle died in the crash.

Before the tragic accident, Toyota received over 2,000 complaints of unintended acceleration. However, it was not until last week that Toyota finally expanded a series of previous recalls to cover millions of vehicles around the world that may have manufacturing defects. The company also stopped production and sales of eight models, including its popular Camry sedan. Toyota believes that the problems with its cars are from both loose floor mats that can interfere with accelerator pedals and a pedal that sticks when a driver steps on it.

Until recently, Toyota was still claiming that loose floor mats were the only cause of sudden acceleration, and advised owners to simply remove the floor mats. On November 2, 2009, Toyota reported that “there is no evidence” of any other conclusion and stated that its findings were backed by the federal traffic safety agency. However, the federal agency had not endorsed this explanation, saying Toyota’s statements were “misleading and inaccurate.” Congressional hearings will be held to deal with how Toyota handled the vehicle defect problem.

Contact an Experienced Attorney

If you or someone you know has suffered injuries as a result of defects in recently recalled Toyota vehicles, contact the Pintas firm immediately. Our experienced personal injury attorneys will provide you with a free consultation and an explanation of your legal rights.

Weight Loss Pill Meridia Receives FDA Warning Saying Users have Increased Risk of Heart Attack

meghan@pintas.com (William G. Pintas) — Mon, 01 Feb 2010 17:12:21 -0600

Recently, the United States Food and Drug Administration (FDA) added new warnings to the weight loss pill Meridia. On the same day, the European Medicines Agency (the European equivalent of the FDA) advised doctors and pharmacists to stop using the drug as the “risks…are greater than their benefits”. The FDA’s new warnings indicate the increased risk of heart attacks and strokes in patients who have a history of heart problems, such as heart failure, hypertension and irregular heartbeats. Public Citizen, a consumer advocacy group, criticized the FDA for not being tougher with warnings for the drug. Last year, the group petitioned the FDA to take Meridia off the market due to new data regarding risks of heart problems resulting in death. The group has estimated that Meridia was prescribed to a quarter million patients last year.

Contact an Experienced Personal Injury Attorney

Our attorneys have extensive experience in drug litigation cases. If you or someone you know has suffered from a heart attack or stroke as a result of taking Meridia, contact the Pintas firm immediately. Our Chicago law firm will provide you with a free consultation and an explanation of your legal rights.

Ethex Recall Lawsuits

meghan@pintas.com (William G. Pintas) — Tue, 26 Jan 2010 17:33:02 -0600

On November 7, 2008 Ethex Corporation, a subsidiary of KV Pharmaceuticals, issued a nationwide recall of five of its generic drugs. The recall was due to the risk that the pills contained a higher dosage of medication than indicated. These drugs were carried by pharmacies and wholesalers all over the country.

Some patients received up to twice the intended dosage, and were hospitalized due to the overdoses. One of the serious complications from overdose of these drugs is arrhythmia, or abnormal heart rhythm. Symptoms associated with arrhythmia include dizziness, discomfort in one’s chest, shortness of breath, and lightheadedness. In some cases, heart surgery will be necessary to treat this condition.

Since the November 2008 recall, Ethex has recalled all of their drugs. In January 2009, the FDA expanded the earlier recall to include 60 generic drug products manufactured by Ethex Corp, as the company may not have complied with federal manufacturing regulations. The recalled products include narcotics, cardiac medications, prenatal vitamins, and iron supplements. The FDA also ordered KV Pharmaceuticals and its subsidiaries to stop production and shipment of their drugs for over a year. In February 2009, additional recalls were issued by Ethex and another subsidiary of KV pharmaceuticals, the Ther-Rx Corporation.

Anyone who has purchased drugs affected by this recall should return the medication to their pharmacy for a replacement or refund. If you believe you have suffered complications as a result of taking the recalled pills, you should seek medical help immediately. Please visit the following links to see lists of recalled drugs on different recall dates:

November 2008 Recall

January 2009 Recall

February 2009 Recall by Ethex

February 2009 Recall by Ther-RX

Contact an Experienced Attorney

Our attorneys have extensive experience in drug litigation cases. If you or someone you know has suffered complications such as arrhythmia as a result of taking generic drugs manufactured by Ethex or Ther-Rx Corp, contact the Pintas firm immediately. Our Chicago law firm will provide you with a free consultation and an explanation of your legal rights.

Popcorn Workers Lung (Diacetyl) Lawsuits

meghan@pintas.com (William G. Pintas) — Mon, 25 Jan 2010 17:57:23 -0600

Diacetyl, a chemical used in microwave popcorn butter flavoring, is directly responsible for a nationwide outbreak of a rare respiratory disease impacting the microwave popcorn industry.

Formally known as bronchiolitis obliterans, the disease is more commonly referred to as popcorn lung or popcorn worker’s lung. Workers who routinely breathe vapors from butter flavoring before adding it to microwave popcorn have developed shortness of breath, hardening of the lung tissue and other alarming respiratory issues. Avid consumers of popcorn may also be at risk. The damage cannot be reversed and the most serious cases of popcorn lung are life-threatening.

Severe symptoms can occur suddenly but this illness is frequently misdiagnosed as asthma, bronchitis or emphysema. Symptoms to watch for include shortness of breath, weight loss, night sweats and fever.

Contact an Experienced Attorney

The Pintas Law Firm is currently investigating cases for microwave popcorn plant victims nationwide. If you work in a microwave popcorn plant and have experienced respiratory problems or other health-related issues, contact us immediately for a free consultation and evaluation of your legal rights.

1.5 Million Strollers Recalled Due to Risk of Finger Amputations for Children

meghan@pintas.com (William G. Pintas) — Fri, 22 Jan 2010 17:37:30 -0600

Recently, Newell Rubbermaid Inc. voluntarily recalled 1.5 million strollers after they received numerous reports of children’s fingertips being caught in their hinges. The U.S. Product Safety Commission has reported that in some instances, this has led to serious cuts and amputations.

The recall includes Graco Passage, Alano, Spree and Travel Systems strollers. The strollers were sold at retailers like Wal-Mart, Target, and Toys R’ Us from the period of October 2004 to December 2009. Consumers should stop using the recalled immediately and contact the companies to get a free repair kit.

Chrysler Group LLC Recalls Some Cars Due to Brake Defect

meghan@pintas.com (William G. Pintas) — Thu, 21 Jan 2010 17:51:27 -0600

The National Highway Traffic Safety Administration reported that the Chrysler Group LLC was recalling over 24,000 vehicles due to defects that could result in brake failure. The problem was discovered during routine quality inspections that revealed some vehicles were built with the brake defects. These defects could result in the driver being unable to exert enough force to stop the vehicle. Notification to owners of affected vehicles will be sent this month. The models included in the recall are:

2009 Dodge Ram Pickup

2010 Dodge Ram Pickup

2010 Chrysler Sebring

2010 Dodge Avenger

2010 Dodge Nitro

2010 Jeep Commander

2010 Jeep Grand Cherokee

2010 Jeep Liberty

US Files Lawsuit Against Johnson & Johnson Over Kickback Scheme to Omnicare

meghan@pintas.com (William G. Pintas) — Wed, 20 Jan 2010 17:49:22 -0600

Recently, the U.S. Department of Justice announced that it had filed a lawsuit against the drugmaker Johnson & Johnson. The lawsuit alleges that Johnson & Johnson paid Omnicare, the largest U.S. pharmacy for nursing home patients, millions to buy and recommend their drugs to elderly patients. Physicians reportedly accepted the pharmacists’ recommendations more than 80 percent of the time.

Johnson & Johnson had allegedly entered into agreements with Omnicare that gave the company increased rebates if it increased prescriptions of their drugs. In November 2009, Omnicare agreed to pay $98 million under a settlement deal related to this scheme.

The company has stated they believe “airing the facts will confirm that our conduct, including rebating programs like those the government now challenges, was lawful and appropriate.”

McNeil Issues Recall of Popular Over-the-counter Drugs

meghan@pintas.com (William G. Pintas) — Tue, 19 Jan 2010 17:52:26 -0600

McNeil Consumer Healthcare, a division of Johnson & Johnson, recently recalled several hundred batches of popular over-the-counter medicines: Benadryl, Motrin, Rolaids, Simply Sleep, St. Joseph Aspirin, and Tylenol. The batches were recalled after McNeil received complaints about moldy-smelling bottles of Tylenol Arthritis Relief Caplets. As a result, some consumers have reported temporary digestive problems like nausea, vomiting, and stomach pain. The company has reported that the moldy smell is the result of breakdown of a chemical (2,4,6-tribromoanisole) used to treat wood pallets that transport and store product packaging.

The FDA issued an inspection report asserting McNeil failed to respond quickly to the problems consumers experienced. The report states that the recall came 20 months after the company first received consumer complaints about Tylenol. The FDA report also noted that McNeil did not conduct a thorough investigation, failed to quickly identify the source of the problem, and did not notify authorities in a timely fashion.

Increase in Use of Toxic Metal Cadmium Poses Safety Concerns in Children's Jewelry

meghan@pintas.com (William G. Pintas) — Mon, 18 Jan 2010 14:31:14 -0600

It was recently reported that Chinese manufacturers have been using the dangerous heavy metal, cadmium, in charm bracelets and shiny pendants sold widely in the US. This trend comes as a result of a ban on using lead in children’s jewelry due to its toxic nature. Testing of certain pieces of jewelry has revealed up to 91% of cadmium by weight.

Exposure to cadmium by sucking or biting jewelry with a high content of the metal gives rise to serious health problems. Cadmium is known to cause cancer, and it can lead to problems in brain development in young children. The metal currently ranks number seven on the US Center for Disease Control and Prevention’s list of most hazardous substances in the environment. The US has stringent laws for cadmium levels in toys, but not for jewelry.

The US Consumer Product Safety Commission stated that they are opening an investigation into the matter. Some of the items that have been reported to have high cadmium content can be found at Wal-Mart and Claire’s. Also some “The Princess and The Frog” movie-themed pieces were reported to contain cadmium.

Contact an Experienced Attorney

If your child or someone you know has suffered injuries from cadmium exposure with these pieces of jewelry, please contact the Pintas Law Firm immediately. Our experienced personal injury attorneys will be able to evaluate your claim. Our Chicago law firm can provide you with a free consultation and an explanation of your legal rights.

Safety Concerns Related to Gardasil Vaccine

meghan@pintas.com (William G. Pintas) — Thu, 14 Jan 2010 17:29:35 -0600

Gabby Swank, a teenager in high school, decided to get the Gardasil vaccine after seeing the popular commercials. After she got each dose of the vaccine she became more and more ill, eventually suffering from seizures, strokes and heart problems. Eventually, her neurologist determined that Gardasil was to blame for her condition. Gardasil is a vaccine given to prevent certain types of the human papillomavirus which lead to cervical cancer and genital warts.

In 2008, the US government and Gardasil’s manufacturer concluded that there was no link between Gardasil and severe health effects like the ones Gabby Swank suffered. However, the National Vaccine Information Center, a private vaccine-safety group, later reported that Gardasil had three times the number of Emergency Room visits compared to another vaccine given to young people for meningitis. Currently, there have been over 30 deaths reported in two years with regard to Gardasil.

Some severe side effects that have been associated with Gardasil include:

1. Seizures

2. Blood clots

3. Paralysis

4. Bell’s palsy: This is a condition where problems arise with one’s facial nerve, and the sufferer is unable to control facial muscles in the affected area.

5. Guillain-barré syndrome: This is an autoimmune disorder that affects one’s nervous system. It is usually severe, and is characterized by continued paralysis that begins with weakness in one’s legs and spreads to the upper limbs and face.

6. Miscarriage or spontaneous abortion

Contact an Experienced Attorney

Personal injury attorneys at Pintas Law Firm are currently representing clients who suffered injuries as a result of taking Gardasil. If you have suffered of the above side effects following the Gardasil vaccine, contact us for a free consultation.

FDA to Review Increased Health Risks Associated with Aranesp, Epogen and Procrit

meghan@pintas.com (William G. Pintas) — Wed, 13 Jan 2010 12:27:41 -0600

The FDA recently announced that it would review the safety of widely used anemia drugs sold by Amgen and Johnson & Johnson: Aranesp, Epogen, and Procrit. This announcement comes in the wake of a finding that high doses of the anemia drug Aranesp might lead to an increased risk of heart attacks, blood clots and strokes in its users. A recently published commentary in The New England Journal of Medicine stated that the new findings raise “major concerns” about drugs used to treat anemia caused by chronic kidney disease.

The FDA also plans to consider new ways to control the doses of these drugs. Since 2007, the FDA has held three advisory panel meetings regarding these drugs, and has changed the labels accordingly to warn of risks associated with them.

Some experts have called for additional caution due to the new commentary from the New England Journal Medicine. Dr Ajay Singh of Brigham Women’s Hospital and Harvard Medical School has stated that avoiding the use of drugs in kidney patients not undergoing dialysis “is now the soundest approach.”

Contact an Experienced Personal Injury Attorney

Personal injury attorneys at Pintas Law Firm are currently representing clients who suffered injuries as a result of taking anemia drugs such as Aranesp, Epogen, and Procrit. If you have suffered a heart attack, a stroke, or other complication involving blood clots following a course of treatment with these drugs, contact us for a free consultation.

FDA cites dangers from lead and arsenic in Nzu

meghan@pintas.com (William G. Pintas) — Wed, 06 Jan 2010 14:36:47 -0600

The FDA and the Texas Department of State Health Services recently notified healthcare professionals and consumers about the dangers of the product Nzu, which is a traditional remedy sold in African specialty stores for morning sickness. This medical alert applies especially to pregnant or breastfeeding women, and came in the wake of the discovery of high levels of lead and arsenic found in the product.

Exposure to lead may expose a developing child to risks of brain and nervous system defects. Long-term exposure to arsenic has been linked to many adverse health effects, including bladder cancer, lung cancer and skin cancer.

Nzu is also referred to by the names:

(1) Calabash Clay

(2) Calabar Stone

(3) Mabele

(4) Argile

(5) La Craie

The Pintas Law Firm has extensive experience in drug litigation. If you or your child has experienced any of the complications listed above while taking Nzu, contact our firm immediately. We will provide you with a free no-obligation consultation and explain your legal rights.

Treating Beef with Ammonia Not as Safe as Previously Thought

meghan@pintas.com (William G. Pintas) — Tue, 05 Jan 2010 17:36:03 -0600

Several years ago, Beef Products Inc. came up with a new way to remove deadly E. coli bacteria from hamburger meat: to inject beef with the chemical ammonia. The New York Times recently reported that this process of making beef safer is not as effective as federal officials claim. This brand of processed beef is widely used for hamburgers by many fast-food chains such as McDonald’s and Burger King, as well as for federal school lunch programs.

Federal school lunch programs used 5.5 million pounds of the product last year. Records show that E. coli and salmonella has been found many times in Beef Products meat used in school lunch cafeterias. Officials in the United States Department of Agriculture had previously endorsed treatment of meat with ammonia, saying that it destroys E. coli effectively. They believed it was so effective that they exempted Beef Products meat from routine testing for E. coli in 2007.

In July 2009, meat from one Beef Products facility was banned temporarily from school cafeterias due to salmonella, which was the third suspension in three years. However, the facility remained approved by the USDA for sales of the meat to other customers. In August 2009, two 27,000 pound batches of Beef Products meat were found to be contaminated with salmonella. Since the New York Times report, Beef Products meat is no longer exempt from routine testing.

Radiation Exposure from CT Scans More Dangerous Than Previously Thought

meghan@pintas.com (William G. Pintas) — Thu, 31 Dec 2009 14:50:05 -0600

Recently, it was reported that radiation overexposure from CT scans may be more severe than health care professionals previously thought. Research from two new studies published in the Archives of Internal Medicine has found that patients may be exposed to four times more radiation than estimated by prior studies. The studies caution against the overuse of CT scans, as well as other medical technologies using radiation, including mammograms.

The studies also found that there is a large variation in the amount of radiation patients receive from the most common types of CT scans, those of the abdomen, pelvis and chest. A survey of four hospitals revealed that some patients received 13 times more radiation than others for the same type of scan. Researchers stated that the large differences between scans may be attributed to the lack of standardized settings in CT technology, as well as differences in how the doctors use the technology for each patient. CT scans are able to produce images of the body that offer more detail than x-rays, and their use has more than tripled to 70 million since the 1990s.

Ultimately, the studies determined that the 72 million CT scans currently performed yearly in the U.S. could lead to 29,000 more cases of cancer and 15,000 more deaths a year. The most common type of predicted radiation-associated cancer is lung cancer, followed by colon cancer and leukemia. On December 7, 2009 the FDA issued interim regulations requiring closer monitoring of CT scans. These regulations came after more than 250 cases of exposure to excess regulation were reported over the past two years.